Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Adjournment) [2020] FCA 539

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Adjournment) [2020] FCA 539

The May 2020 hearing should be vacated because proceeding would expose Hytera to a non-trivial procedural risk that Motorola might be permitted to contradict evidence of witnesses who could not be cross-examined, potentially requiring an experimental departure from Browne v Dunn and risking a mistrial. Although delay would prejudice Motorola, including by postponing determination of its patent and copyright claims and any general injunction, the balance of prejudice favoured Hytera.

Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Intellectual Property Proceeding Involving Patents and Copyright / Interlocutory Application by the Respondents to Adjourn a Resumed Trial Hearing Scheduled to Commence on 4 May 2020
Outcome
Respondents' adjournment application granted; May 2020 hearing dates vacated; no order as to costs.
Legal Topics
['adjournment of Trial' 'covid 19 Pandemic' 'virtual Hearing' 'video Link Cross Examination' 'witnesses in China' 'hague Convention Evidence Procedure' 'browne V Dunn' 'patent Infringement' 'copyright Infringement']
['practice and Procedure' 'intellectual Property'] ['adjournment of Trial' 'covid 19 Pandemic' 'virtual Hearing' 'video Link Cross Examination' 'witnesses in China' 'hague Convention Evidence Procedure' 'browne V Dunn' 'patent Infringement' 'copyright Infringement']

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Procedural Posture

Intellectual Property Proceeding Involving Patents and Copyright / Interlocutory Application by the Respondents to Adjourn a Resumed Trial Hearing Scheduled to Commence on 4 May 2020

Legal Issues

  1. 1 ['Whether the May 2020 trial hearing should be adjourned because seven Hytera witnesses in mainland China could not attend Australia or be cross-examined by video link due to travel restrictions and asserted Chinese law restrictions.' 'Whether proceeding without cross-examination of those witnesses, while permitting Motorola to rely on contradictory evidence, would create unacceptable procedural risk or prejudice under the rule in Browne v Dunn.' 'Whether other factors, including a witness diagnosed with COVID-19, time zone differences, and the practicalities of a remote trial, justified adjournment.']

Ratio Decidendi

The May 2020 hearing should be vacated because proceeding would expose Hytera to a non-trivial procedural risk that Motorola might be permitted to contradict evidence of witnesses who could not be cross-examined, potentially requiring an experimental departure from Browne v Dunn and risking a mistrial. Although delay would prejudice Motorola, including by postponing determination of its patent and copyright claims and any general injunction, the balance of prejudice favoured Hytera.

Court Disposition

Respondents' adjournment application granted; May 2020 hearing dates vacated; no order as to costs.

Orders

  • ['The May 2020 hearing dates be vacated.' 'The matter be listed for a case management hearing on 29 April 2020 at 9.30 am.' 'No order as to costs.']